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JGR/Peace Corps
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135838806
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JGR/Peace Corps
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Records of the Office of Counsel to the President (Reagan Administration)
John Roberts' Subject Files
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1986-12-31
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1982-01-01
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Ronald Reagan Presidential Library
Digital Library Collections
This is a PDF of a folder from our textual collections.
Collection: Roberts, John G.: Files
Folder Title: JGR/Peace Corps
Box: 36
To see more digitized collections visit:
https://reaganlibrary.gov/archives/digital-library
To see all Ronald Reagan Presidential Library inventories visit:
https://reaganlibrary.gov/document-collection
Contact a reference archivist at: [email protected]
Citation Guidelines: https://reaganlibrary.gov/citing
National Archives Catalogue: https://catalog.archives.gov/
Codification of Presidential Proclamations and Executive Orders
action of the President to the Director or to such subordinate officer as
1-3
the Director may designate. The Director or such officer may allocate
tion 1
or transfer, as appropriate, any of such funds to any United States Gov-
dent:
ernment agency or part thereof for obligation or expenditures thereby
(a)
consistent with applicable law.
and 1
1-109. Nothing in this Order shall be deemed to impair or limit the
(b)
powers or functions vested in the Secretary of State by the Act.
2503(
1-110. The negotiation, conclusion, and termination of international
Corps
agreements pursuant to the Act shall be under the direction of the Sec-
(c)
retary of State.
the A
1-111. Any substantial change in policies in effect on the date of this
(d)
Order for the utilization of the Foreign Service Act of 1946, as amend-
2509(
ed, pursuant to Section 7 of the Act (22 U.S.C. 2506), shall be coordi-
vide
nated with the Secretary of State.
tions
1-112. The Director shall consult and coordinate with the Director
(e)
of ACTION to assure that the functions delegated to the Director by
2518)
this Order are carried out consistently with the functions conferred
1-4
upon the Director of ACTION by the Domestic Volunteer Service Act
of 1973 (42 U.S.C. 4951 et seq.), ("Volunteer Service Act"), Reorgani-
1-4
zation Plan No. 1 of 1971 and this Order.
of th
1-2. The Peace Corps Advisory Council.
agen
bene
1-201. In accordance with the provisions of the Federal Advisory
(22 I
Committee Act (5 U.S.C. App. I), there is hereby established the Peace
empl
Corps Advisory Council.
1-
1-202. The President shall appoint not more than 30 individuals to
herel
serve on the Council and shall designate two members to serve as Co-
funct
Chairpersons. Members shall serve at the pleasure of the President.
appli
[Sec. 1-202 amended by EO 12245 of Oct. 6, 1980, 45 FR 66769, 3 CFR, 1980 Comp., p.
1122
286]
in Se
1-203. The Council shall advise the President and the Director of the
Orde
Peace Corps on initiatives needed to promote the purposes of the Peace
1-
Corps Act.
"Un
1-204. The Council shall submit annually to the President, through
the s
the Director of the Peace Corps, a report on its recommendations and
1-
activities.
1-
1-205. The Council may request any agency of the United States
stim
Government to furnish it with such information as may be useful for
the fulfillment of the Council's functions under this Order. Such agen-
publ
Gov
cies will, to the extent permitted by law, honor the Council's request.
1969
1-206. The members of the Council shall receive no compensation
for service on the Council. Each member of the Council may receive
spor
the
travel expenses, including per diem in lieu of subsistence (5 U.S.C. 5702
tern
and 5703).
1-207. The functions of the President under the Federal Advisory
gov
skill
Committee Act which are applicable to the Council, except that of re-
porting annually to the Congress, shall be performed by the Director of
prof
citiz
the Peace Corps in accordance with guidelines and procedures estab-
lished by the Administrator of General Services.
1
1-208. In accord with the provisions of the Federal Advisory Com-
1
mittee Act (5 U.S.C. App. I), the Council shall terminate on December
AC
31, 1980, unless extended.
Sec
1-3. Reservation of Functions to the President.
401
370
Codification of Presidential Proclamations and Executive Orders
action of the President to the Director or to such subordinate officer as
the Director may designate. The Director or such officer may allocate
or transfer, as appropriate, any of such funds to any United States Gov-
ernment agency or part thereof for obligation or expenditures thereby
consistent with applicable law.
1-109. Nothing in this Order shall be deemed to impair or limit the
powers or functions vested in the Secretary of State by the Act.
1-110. The negotiation, conclusion, and termination of international
agreements pursuant to the Act shall be under the direction of the Sec-
retary of State.
1-111. Any substantial change in policies in effect on the date of this
Order for the utilization of the Foreign Service Act of 1946, as amend-
ed, pursuant to Section 7 of the Act (22 U.S.C. 2506), shall be coordi-
nated with the Secretary of State.
1-112. The Director shall consult and coordinate with the Director
of ACTION to assure that the functions delegated to the Director by
this Order are carried out consistently with the functions conferred
upon the Director of ACTION by the Domestic Volunteer Service Act
of 1973 (42 U.S.C. 4951 et seq.), ("Volunteer Service Act"), Reorgani-
zation Plan No. 1 of 1971 and this Order.
1-2. The Peace Corps Advisory Council.
1-201. In accordance with the provisions of the Federal Advisory
Committee Act (5 U.S.C. App. I), there is hereby established the Peace
Corps Advisory Council.
1-202. The President shall appoint not more than 30 individuals to
serve on the Council and shall designate two members to serve as Co-
Chairpersons. Members shall serve at the pleasure of the President.
[Sec. 1-202 amended by EO 12245 of Oct. 6, 1980, 45 FR 66769, 3 CFR, 1980 Comp., p.
286]
1-203. The Council shall advise the President and the Director of the
Peace Corps on initiatives needed to promote the purposes of the Peace
Corps Act.
1-204. The Council shall submit annually to the President, through
the Director of the Peace Corps, a report on its recommendations and
activities.
1-205. The Council may request any agency of the United States
Government to furnish it with such information as may be useful for
the fulfillment of the Council's functions under this Order. Such agen-
cies will, to the extent permitted by law, honor the Council's request.
1-206. The members of the Council shall receive no compensation
for service on the Council. I ch member of the Council may receive
travel expenses, including per sem in lieu of subsistence (5 U.S.C. 5702
and 5703).
1-207. The functions of th President under the Federal Advisory
Committee Act which are apr cable to the Council, except that of re-
porting annually to the Congre shall be performed by the Director of
the Peace Corps in accordanc with guidelines and procedures estab-
lished by the Administrator of eneral Services.
1-208. In accord with the
visions of the Federal Advisory Com-
mittee Act (5 U.S.C. App. I),
Council shall terminate on December
31, 1980, unless extended.
1-3. Reservation of Functions WO
the
President.
370
Chapter 22-Foreign Relations
officer
as
1-301. There are hereby excluded from the delegations made by Sec-
allocate
tion 1-1 of this Order the following powers and functions of the Presi-
Gov-
dent:
thereby
(a) All authority conferred by Sections 4(b), 4(c)(2), 4(c)(3), 10
and 18 of the Act (22 U.S.C. 2503(b), (C)(2), (C)(3), 2509(d), and 251
limit
the
(b) The authority conferred by Section 4(a) of the Act (22 U.S
2503(a)) to appoint the Director and the Deputy Director of the Pe e
ernational
Corps.
the
Sec-
(c) The authority conferred on the President by Section 5(f)(1)(B)
-
the Act (22 U.S.C. 2504(f)(1)(B)).
of
this
(d) The authority conferred by Section 10(f) of the Act (22 U.S
amend-
2509(f)) to direct any agency of the United States Government to P
,
coordi-
vide services, facilities, and commodities to officers carrying out fu
tions under the Act.
Director
(e) The authority conferred by Section 19 of the Act (22 U.S.C.
by
2518) to adopt and alter an official seal or emblem of the Peace Corps.
conferred
1-4. Incidental Provisions.
Act
Reorgani-
1-401. Persons appointed, employed, or assigned under Section 7(a)
of the Act (22 U.S.C. 2506(a)) shall not, unless otherwise agreed by the
agency in which such benefits may be exercised, be entitled to the
benefits provided by Section 528 of the Foreign Service Act of 1946
Advisory
(22 U.S.C. 928) in cases in which their service under the appointment,
he
Peace
employment, or assignment exceeds thirty months.
1-402. Pursuant to Section 10(d) of the Act (22 U.S.C. 2509(d)), it is
to
Co-
hereby determined to be in furtherance of the purposes of the Act that
as
functions authorized thereby may be performed without regard to the
applicable laws specified in Section 1 and 2 of Executive Order No.
Comp.,
p.
11223 of May 12, 1965, and with or without consideration as specified
in Section 3 of that Order, but subject to the limitations set forth in that
of
the
Order.
he
Peace
1-403. As used in this Order, the words "Volunteers," "functions,"
"United States," and "United States Government agency" shall have
through
the same meanings, respectively, as they have under the Act.
and
1-5. National Voluntary Action Program.
States
1-501. The National Voluntary Action Program to encourage and
for
stimulate more widespread and effective voluntary action for solving
agen-
public domestic problems, established in the Executive Branch of the
request.
Government by Section 1 of Executive Order No. 11470 of May 26,
pensation
1969, is continued in ACTION. That program shall supplement corre-
receive
sponding action by private and other non-Federal organizations such as
5702
the National Center for Voluntary Action. As used in this Order, the
term "voluntary action" means the contribution or application of non-
Advisory
governmental resources of all kinds (time, money, goods, services, and
of
re-
skills) by private and other organizations of all types (profit and non-
rector
of
profit, national and local, occupational, and altruistic) and by individual
citizens.
estab-
1-6. Director of ACTION.
Com-
1-601. In addition to the functions vested in the Director of
December
ACTION by the Domestic Volunteer Service Act of 1973 (42 U.S.C.,
Section 4951 et seq.), Reorganization Plan No. 1 of 1971, and Section 1-
401 of this Order, the Director of ACTION shall:
371
Codification of Presidential Proclamations and Executive Orders
(a) Encourage local, national and international voluntary activities di-
rected toward the solution or mitigation of community problems.
(b) Provide for the development and operation of a clearinghouse for
information on Government programs designed to foster voluntary
action.
(c) Initiate proposals for the greater and more effective application of
voluntary action in connection with Federal programs, and coordinate,
as consistent with law, Federal activities involving such action.
(d) Make grants of seed money, as authorized by law, for stimulating
the development or deployment of innovative voluntary action pro-
grams directed toward community problems.
1-602. The head of each Federal department and agency, or a desig-
nated representative, when so requested by the Director of ACTION
or the Director of the Peace Corps, shall, to the extent permitted by
law and funds available, furnish information and assistance, and partici-
pate in all ways appropriate to carry out the objectives of this Order,
the Domestic Volunteer Service Act of 1973 and Reorganization Plan
No. 1 of 1971.
1-603. The head of each Federal department or agency shall, when
so requested by the Director of ACTION, designate a senior official to
have primary and continuing responsibility for the participation and co-
operation of that department or agency in matters concerning voluntary
action.
1-604. The head of each Federal department or agency, or a desig-
nated representative, shall keep the Director of ACTION informed of
proposed budgets, plans, and programs of that department or agency
affecting voluntary action programs.
1-605. Under the direction of the President and subject to the respon-
sibilities of the Secretary of State, the Director of ACTION shall be
responsible for the general direction of those ACTION functions,
which jointly serve ACTION domestic volunteer components and the
Peace Corps, and for advising the Director of the Peace Corps to
ensure that the functions delegated under this Order to the Director of
the Peace Corps are carried out.
1-7. General Provisions.
1-701. Except to the extent that they may be inconsistent with this
Order, all determinations, authorizations, regulations, rulings, certifica-
tions, orders, directives, contracts, agreements, and other actions made,
issued or entered into with respect to any function affected by this
Order and not revoked, superseded, or otherwise made inapplicable
before the effective date of this Order shall continue in full force and
effect until amended, modified, or terminated by appropriate authority.
1-702. Except as otherwise expressly provided herein, nothing in this
Order shall be construed as subjecting any department, establishment,
or other instrumentality of the Executive Branch of the Federal Gov-
ernment or the head thereof, or any function vested by law in or as-
signed pursuant to law to any such agency or head, to the authority of
any other agency or head or as abrogating, modifying, or restricting
any such function in any manner.
1-703. So much of the personnel, property, records, and unexpended
balances or appropriations, allocations, and other funds employed, used,
held, available, or to be made available in connection with the functions
assigned to the Director of the Peace Corps or to the Director of
372
Chapter 22-Foreign Relations
ACTION by this Order as the Director of the Office of Management
and Budget shall determine, shall be transferred to the Director of the
Peace Corps or the Director of ACTION at such time or times as the
Director of the Office of Management and Budget shall direct.
1-704. To the extent permitted by law, such further measures and di-
positions as the Director of the Office of Management and Budget shall
deem to be necessary in order to effectuate the provisions of this Order
shall be carried out by such agencies as the Director of the Office of
Management and Budget shall specify.
1-705. The authority conferred by Sections 1-703 and 1-704 of this
Order shall supplement, not limit, the provisions of Section 1-108 of
this Order.
1-706. Executive Order Nos. 11041, 11250, 11470 and 11603 are
hereby superseded.
1-707. This Order shall become effective May 16, 1979.
EDITORIAL NOTE: The Peace Corps Advisory Council was continued until Dec. 31,
1982, by Executive Order 12258 of Dec. 31, 1980, 46 FR 1251, 3 CFR, 1980 Comp., p.
305. Executive Order 12258 also provides that, notwithstanding the provisions of any
other Executive order, the functions of the President under the Federal Advisory Com-
mittee Act which are applicable to the Council, except that of reporting annually to Con-
gress, shall be performed by the Director of the Peace Corps in accordance with guide-
lines and procedures established by the Administrator of General Services.
Executive Order 12145-Foreign Service Retirement and Disability
System
SOURCE: The provisions of Executive Order 12145 of July 18, 1979, appear at 44 FR
42653, 3 CFR, 1979 Comp., p. 405, unless otherwise noted.
By the authority vested in me as President by the Constitution and
statutes of the United States of America, including Section 805 of the
Foreign Service Act of 1946, as added by Section 503 of Public Law
94-350 (90 Stat. 835; 22 U.S.C. 1065), in order to conform the Foreign
Service Retirement and Disability System to certain amendments to the
Civil Service Retirement and Disability System, it is hereby ordered as
follows:
1-101. (a) The enactment (after January 1, 1974) of certain laws has
affected a number of provisions of general applicability in the Civil
Service Retirement and Disability System (subchapter III, Chapter 83
of Title 5 of the United States Code) or otherwise affected current or
former participants, annuitants, or survivors under that System which,
immediately prior to the enactment of such laws, had been substantially
identical to corresponding provisions of law affecting participants,
former participants, annuitants or survivors under the Foreign Service
Retirement and Disability System. Those laws are set forth at Annex I,
attached hereto and made a part hereof.
(b) The provisions of the laws referred to in subsection (a) above are
extended, as provided by Section 805 of the Foreign Service Act of
1946, as amended (22 U.S.C. 1065), to the Foreign Service Retirement
and Disability System in accordance with the provisions of this Order,
which provisions shall modify, supersede, or render inapplicable all in-
consistent prior provisions of law.
1-102. In accord with Section 1 of Public Law 93-260, Section
804(2) of the Foreign Service Act of 1946, as amended (22 U.S.C.
373
PEACE Corps
MEMORANDUM
THE WHITE HOUSE
WASHINGTON
January 5, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
ask
SUBJECT:
Withdrawal of Delegation of Authority
to Peace Corps Director to Appoint
Peace Corps Country Directors
Chris Hicks, Associate Director of the Office of Presidential
Personnel, has asked whether the President may withdraw his
delegation of authority to the Director of the Peace Corps
to appoint Peace Corps Country Directors. The Peace Corps
Act provides that "[i]n each country or area in which
volunteers serve abroad, the President may appoint an
employee or a volunteer as a Peace Corps representative to
have direction of other employees of the Peace Corps abroad
and to oversee the activities carried on under this chapter
in such country or area." 22 U.S.C. § 2506 (c). The power
of appointment is thus expressly given to the President by
statute. The President delegated all functions conferred
upon him by the Peace Corps Act (unless explicitly excepted)
to the Director of the Peace Corps in Executive Order 12137
(May 16, 1979).
As a general principle, delegations of authority are com-
pletely revocable. The Executive Order was expressly based
on 3 U.S.C. § 301 and the Peace Corps Act. The former
statute generally permits the President to designate other
officials to perform functions vested in him by law, and
explicitly provides that such designations "shall be revoc-
able at any time by the President in whole or in part." The
Peace Corps Act contains a more specific authorization of
delegation. At the time the Executive Order was promulgated,
22 U.S.C. $ 2503 (b) provided: "The President may exercise
any functions vested in him by this chapter through such
agency or officer of the United States Government as he
shall direct" (emphasis supplied). The delegation in the
Executive Order, based in part on this provision, was thus
clearly permissive, and in no sense irrevocable.
The conclusion that the President may revoke his delegation
of authority to the Peace Corps Director is not affected
by Title VI of the International Security and Development
-2-
Cooperation Act of 1981, Pub. L. No. 97-113, 95 Stat. 1519,
which established the Peace Corps as an "independent" agency
within the Executive Branch. Nothing in that legislation
purported to address the power of the President in 22 U.S.C.
§ 2506 (c) to appoint Country Directors. That Act did change
the above-cited 22 U.S.C. § 2503 (b), to read "The President
may exercise any functions vested in him by this chapter
through the Director of the Peace Corps," as opposed to
"through such agency or officer of the United States Govern-
ment as he shall direct." This simply narrowed the permis-
sible delegation, and did not alter its revocable character.
Arguing that the delegation of authority in the Executive
Order became permanent and could not be changed except by
legislation would be tantamount to amending a statute (22
U.S.C. § 2506 (c), authorizing the President to appoint
Country Directors) by Executive Order, a plainly absurd
result.
I recommend that you advise the Office of Presidential
Personnel that the President may revoke his delegation of
authority to the Director of the Peace Corps to appoint
Peace Corps Country Directors, by appropriately amending
Executive Order 12137. I have attached a proposed memorandum
to that effect.
Attachment
THE WHITE HOUSE
WASHINGTON
January 5, 1982
MEMORANDUM FOR HELENE VON DAMM
ASSISTANT TO THE PRESIDENT
FROM:
FRED F. FIELDING Orig. signed by FFF
COUNSEL TO THE PRESIDENT
SUBJECT:
Appointment of Peace Corps Country Directors
This responds to your inquiry concerning the authority of
the President to withdraw his delegation of authority to the
Director of the Peace Corps to appoint Peace Corps Country
Directors, by amending Executive Order 12137. This office
has reviewed that question and we conclude that the Presi-
dent may, by appropriately amending Executive Order 12137,
withdraw his delegation of authority to the Director of the
Peace Corps to appoint Peace Corps Country Directors.
The President is given authority to appoint Peace Corps
Country Directors by 22 U.S.C. § 2506(c). While that
authority was delegated to the Director of the Peace Corps
by Executive Order 12137, such delegations of authority are
revocable at any time. See 3 U.S.C. § 301. Title VI of the
International Security and Development Cooperation Act of
1981, Pub. L. No. 97-113, 95 Stat 1519, establishing the
Peace Corps as an "independent agency within the executive
branch," did not alter the President's authority to appoint
Country Directors pursuant to 22 U.S.C. § 2506(c), nor in
any way affect the revocable nature of the delegation of
authority in Executive Order 12137.
FFF: JGR:aw 1/5/83
CC: FFFielding
JGRoberts
Subj.
Chron
THE WHITE HOUSE
WASHINGTON
January 5, 1982
MEMORANDUM FOR HELENE VON DAMM
ASSISTANT TO THE PRESIDENT
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Appointment of Peace Corps Country Directors
This responds to your inquiry concerning the authority of
the President to withdraw his delegation of authority to the
Director of the Peace Corps to appoint Peace Corps Country
Directors, by amending Executive Order 12137. This office
has reviewed that question and we conclude that the Presi-
dent may, by appropriately amending Executive Order 12137,
withdraw his delegation of authority to the Director of the
Peace Corps to appoint Peace Corps Country Directors.
The President is given authority to appoint Peace Corps
Country Directors by 22 U.S.C. § 2506(c). While that
authority was delegated to the Director of the Peace Corps
by Executive Order 12137, such delegations of authority are
revocable at any time. See 3 U.S.C. § 301. Title VI of the
International Security and Development Cooperation Act of
1981, Pub. L. No. 97-113, 95 Stat 1519, establishing the
Peace Corps as an "independent agency within the executive
branch," did not alter the President's authority to appoint
Country Directors pursuant to 22 U.S.C. § 2506(c), nor in
any way affect the revocable nature of the delegation of
authority in Executive Order 12137.
FFF: JGR:aw 1/5/83
CC: FFFielding
JGRoberts
Subj.
Chron
116683
ID #.
CU
WHITE HOUSE
FG38D
CORRESPONDENCE TRACKING WORKSHEET
O * OUTGOING
H . INTERNAL
I . INCOMING
Date Correspondence
Received (YY/MM/DD)
/
/
Name
of Correspondent: Christopher Hiche
MI Mail Report
User Codes: (A)
(B)
(C)
Subject: Directors appointment of Peace Corps Country
ROUTE TO:
ACTION
DISPOSITION
Tracking
Type
Completion
Action
Date
of
Date
Office/Agency
(Staff Name)
Code
YY/MM/DD
Response
Code
YY/MM/DD
WHolland
ORIGINATOR 82,12,30
/ /
Referral Note:
CUAT18
583,01,10
Referral Note:
/
/
/ /
Referral Note:
/ /
/
/
Referral Note:
/ /
/
/
Referral Note:
ACTION CODES:
DISPOSITION CODES:
A. Appropriate Action
I - Info Copy Only/No Action Necessary
A Answered
C Completed
C . Comment/Recommendation
R Direct Reply w/Copy
B- Non-Special Referral
S. Suspended
D . Draft Response
S For Signature
F - Furnish Fact Sheet
X Interim Reply
to be used as Enclosure
FOR OUTGOING CORRESPONDENCE:
Type of Response = Initials of Signer
Code = "A"
Completion Date = Date of Outgoing
Comments:
Keep this worksheet attached to the original. incoming letter.
Send all routing updates to Central Reference (Room 75, OEOB).
Always return completed correspondence record to Central Files.
Refer questions about the correspondence tracking system to Central Reference, ext. 2590.
5/81
DEC 28
THE WHITE HOUSE
WASHINGTON
IR
December 28, 1982
116683 cu
MEMORANDUM FOR FRED FIELDING
THROUGH:
HELENE VON DAMM
BELC for HUD
FROM:
CHRISTOPHER HICKS
Cll
SUBJECT:
Appointment of Peace Corps Country Directors
BACKGROUND
Peace Corps Country Directors are currently appointed by the
Director of the Peace Corps. This authority to appoint appears
to have been conferred on the President by the Peace Corps Act
of 1961, and to have been delegated from the President to the
Director by Executive Order 12137.
QUESTION PRESENTED
Can the President, by amending Executive Order 12137, withdraw
his delegation of authority to appoint Peace Corps Country
Directors from the Director of the Peace Corps, or must such
a change in the appointive process be effected by legislation?
DISCUSSION
The Peace Corps Act of 1961, Pub. L. No. 87-293, 75 Stat. 612,
is codified at 22 U.S.C. 2501 et. seq. Section 2506 (c) of the Act
gives the President the authority to appoint "in each country
or area in which volunteers serve abroad
an employee or
volunteer as a Peace Corps representative to have direction
of other employees of the Peace Corps abroad and to oversee
the activities carried on under this Act in such country or
area.' Such "Peace Corps representatives" are commonly referred
to as Peace Corps "Country Directors". By Section 1-103 of
Executive Order 12137 of May 16, 1979, the functions conferred
upon the President by the Peace Corps Act, including, it would
appear, those conferred in Section 2506 (c), were delegated to the
Director of the Peace Corps. Previous Executive Orders had dele-
gated these functions to the Secretary of State (E.O. 11041), and
later the Director of ACTION (E.O. 11603), before finally being
delegated to the Director of the Peace Corps pursuant to Executive
Order 12137. (The Executive Clerk confirms that the President
has never directly exercised his power of appointment under
22 U.S.C. Section 2506 (c) The same Executive Orders had
variously established the Peace Corps as an agency within the
Department of State, a component of ACTION, and as an agency
within ACTION. Pursuant to Title VI of the International
Security and Development Cooperation Act of 1981, Pub. L.
No. 97-113, 95 Stat. 1519, the Peace Corps was finally established
as an "independent agency within the executive branch."
Although I have not researched this in detail, it would appear
that the power of appointment granted in Section 2506 (c) of
the Peace Corps Act was among the functions delegated to the
Director in Executive Order 12137. Further, it would appear
that the 2506 (c) power of appointment remains a power vested
in the President and delegated to the Director, notwithstanding
the recent Act that establishes the Peace Corps as an independent
agency. If so, the President should be able to withdraw his
delegation from the Director by amending Executive Order 12137.
We would appreciate your opinion as to whether or not this may
be done.
Please be advised that this office has not yet discussed this
matter with Peace Corps officials. Before we do, we would
appreciate whatever legal advice you may have.
22 USCS § 2505
FOREIGN AFFAIRS
HISTORY; ANCILLARY LAWS AND DIRECTIVES
References in text:
"This Act", referred to in this section, is Act Sept. 22, 1961, P. L. 87-
293, 75 Stat. 612, popularly known as the Peace Corps Act, and
appears generally as 22 USCS § 2501 et seq. For full classification of
this Act, consult USCS Tables volumes.
Effective date of section:
Act Sept. 22, 1961, P. L. 87-293, Title I, § 27, 75 Stat. 625, which
appears as an Other provisions note to 22 USCS § 2501, provides that
this section shall take effect upon enactment on Sept. 22, 1961.
Amendments:
1963. Act Dec. 13, 1963, in cl. (1), substituted "a readjustment
allowance" for "termination payments".
1965. Act Aug. 24, 1965, in cl. (3), inserted ", and a married
volunteer's child if born during the volunteer's service,".
1970. Act July 24, 1970, in cl. (3), deleted ", and a married volunteer's
child if born during the volunteer's service," following "accompanying
them".
Transfer of functions:
Functions of the President under this section were delegated to the
Director of the Peace Corps with the functions relating to providing
health care in government facilities under clause (3) of this section to
be exercised in consultation with the head of the agency responsible for
the facility by sections 1-103 and 1-106 of Ex. Or. No. 12137 of May
16, 1979, 44 Fed. Reg. 29023, effective May 16, 1979, as provided by
§ 1-707 of such Order, which appears as 22 USCS § 2501 note.
CROSS REFERENCES
This section is referred to in 5 USCS §§ 8142, 8331, 8332; 22 USCS §§ 2504,
2509, 2522; 26 USCS §§ 912, 3401; 42 USCS § 409.
§ 2506. Peace Corps employees
(a) Foreign employment; compensation, allowances, and benefits; utilization
of Presidential authority respecting Foreign Service; additional compen-
sation and differentials; additional governmental employment by person
receiving Foreign Service Reserve or staff appointment or assignment.
(1) For the purpose of performing functions under this Act outside the
United States, the President may employ or assign persons, or authorize
the employment or assignment of officers or employees of agencies of the
United States Government which are not authorized to utilize the
Foreign Service personnel system, who shall receive compensation at any
of the rates established under section 402 or 403 of the Foreign Service
Act of 1980 [22 USCS §§ 3962 or 3963], together with allowances and
benefits thereunder; and persons so employed or assigned shall be
entitled, except to the extent that the President may specify otherwise in
546
PEACE CORPS
22 USCS § 2506
cases in which the period of the employment or assignment exceeds
thirty months, to the same benefits as are provided by Section 310 of
that Act [22 USCS § 3950] for persons appointed to the Foreign Service.
(2) The President may utilize such authority contained in the Foreign
Service Act of 1980 relating to members of the Foreign Service and
other United States Government officers and employees as the President
deems necessary to carry out functions under this Act, except that-
(A) no Foreign Service appointment or assignment under this para-
graph shall be for a period of more than five years unless the Director
of the Peace Corps, under special circumstances, personally approves
an extension of not more than one year on an individual basis; and
(B) no individual whose Foreign Service appointment or assignment
under this paragraph has been terminated shall be reappointed or
reassigned under this paragraph before the expiration of a period of
time equal to the preceding tour of duty of that individual.
Such provisions of the Foreign Service Act of 1980 as the President
deems appropriate shall apply to individuals appointed or assigned under
this paragraph, including in all cases, the provisions of section 310 of
that Act [22 USCS § 3950], except that (i) the President may by
regulation make exceptions to the application of section 310 [22 USCS
§ 3950] in cases in which the period of the appointment or assignment
exceeds thirty months, (ii) members of the Foreign Service appointed or
assigned pursuant to this paragraph shall receive within-class salary
increases in accordance with such regulations as the President may
prescribe, and (iii) under such regulations as the President may pre-
scribe, individuals who are to perform duties of a more routine nature
than are generally performed by members of the Foreign Service
assigned to class 9 in the Foreign Service Schedule may be appointed to
an unenumerated class ranking below class 9 in the Foreign Service
Schedule and be paid basic compensation at rates lower than those for
class 9, except that such rates may be no less than the then applicable
minimum wage rate specified in section 6(a)(1) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 206(a)(1)) [29 USCS § 206(a)(1)].
(3) The President may specify what additional allowance authorized by
section 5941 of title 5 [5 USCS § 5941], United States Code, and which
of the allowances and differentials authorized by sections 5923 through
5925 of such title 5 [5 USCS §§ 5923-5925], may be granted to any
person employed, appointed, or assigned under this subsection and may
determine the rates thereof not to exceed the rates otherwise granted to
employees under the sections of title 5, United States Code [5 USCS
§§ 5923-5925, 5991], referred to in this paragraph.
(4) An individual who has received an appointment or assignment in the
Foreign Service under this subsection may, not later than September 30,
1982, or three years after separation from such appointment or assign-
ment, whichever is later, be appointed to a position in any United States
department, agency, or establishment-
547
22 USCS § 2506
FOREIGN AFFAIRS
(A) in the competitive service under title 5, United States Code [5
USCS §§ 101 et seq.], without competitive examination and in accor-
dance with such regulations and conditions consistent with this
subsection as may be prescribed by the Director of the Office of
Personnel Management, or
(B) in an established merit system in the excepted service, if such
individual (i) served satisfactorily under the authority of this subsec-
tion, as certified by the President, for not less than thirty-six months
on a continuous basis without a break in service of more than three
days, and (ii) is qualified for the position in question.
(b) [Repealed]
(c) Peace Corps representatives; terms and conditions of service; removal.
employees
and
10
Unless a representative is a volunteer, the compensation, allowances and
benefits, and other terms and conditions of service of each such representa-
tive, shall be the same as those of a person appointed or assigned pursuant
to paragraph (1) or (2) of subsection (a) of this section, except that any
such representative may, notwithstanding any provision of law, be removed
by the President in his discretion.
(Sept. 22, 1961, P. L. 87-293, Title I, § 7, 75 Stat. 615; Oct. 11, 1962, P. L.
87-793, Part II, Title VI, § 1001(I), 76 Stat. 865; Dec. 13, 1963, P. L. 88-
200, § 4, 77 Stat. 360; Aug. 24, 1965, P. L. 89-134, § 4, 79 Stat. 549; July
24, 1970, P. L. 91-352, § 5, 84 Stat. 465; Aug. 14, 1979, P. L. 96-53, Title
III, § 302, 93 Stat. 371; Oct. 17, 1980, P. L. 96-465, Title II, Ch 2,
§§ 2202(b), 2205(9), 94 Stat. 2157, 2160.)
HISTORY; ANCILLARY LAWS AND DIRECTIVES
References in text:
"This Act", referred to in this section, is Act Sept. 22, 1961, P. L. 87-
293, 75 Stat. 612, popularly known as the Peace Corps Act, and
appears generally as 22 USCS § 2501 et seq. For full classification of
this Act, consult USCS Tables volumes.
"The Foreign Service Act of 1980", referred to in this section, is Act
Oct. 17, 1980, P. L. 96-465, 94 Stat. 2071, which appears generally as
22 USCS §§ 3901 et seq. For full classification of such Act, consult
USCS Tables volumes.
Effective date of section:
Act Sept. 22, 1961, P. L. 87-293, Title I, § 27, 75 Stat. 625, which
appears as an Other provisions note to 22 USCS § 2501, provides that
this section shall take effect upon enactment on Sept. 22, 1961.
548
Chapter 22-Foreign Relations
standing the provisions of any other Executive order, the functions of the President under
the Federal Advisory Committee Act which are applicable to the Board, except that of
reporting annually to Congress, shall be performed by the Secretary of State in accord-
ance with guidelines and procedures established by the Administrator of General Serv-
ices.
SOURCE: The provisions of Executive Order 12137 of May 16, 1979, appear at 44 FR
29023, 3 CFR, 1979 Comp., p. 389, unless otherwise noted.
By virtue of the authority vested in me by the Peace Corps Act, as
amended (22 U.S.C. 2501-2523) and Section 301 of Title 3 of the
United States Code, and as President of the United States of America,
it is hereby ordered as follows:
1-1. Peace Corps.
1-101. The Peace Corps, which was established as an agency in the
Department of State pursuant to Executive Order No. 10924 of March
1, 1961 (26 FR 1789), which was continued in existence in that Depart-
ment under the Peace Corps Act (the "Act") pursuant to Section 102
of Executive Order No. 11041 of August 6, 1962 (27 FR 7859), and
which was transferred to and continued as a component of ACTION
by Executive Order No. 11603 of June 30, 1971 (36 FR 12675), shall be
an agency within ACTION pursuant to the provisions of this Order.
1-102. All references to the "Director" in Part 1-1 of this Order shall
refer to the Director of the Peace Corps for whom provision is made in
Section 4(a) of the Act (22 U.S.C. 2503).
2(b)
1-104. The function of determining the portion of living allowances
constituting basic compensation, conferred upon the President by Sec-
tion 201(a) of Public Law 87-293 (26 U.S.C. 912(3)), is hereby delegat-
ed to the Director and shall be performed in consultation with the Sec-
retary of the Treasury.
1-105. The functions of prescribing regulations and making determi-
nations (relating to appointment of Peace Corps employees in the For-
eign Service System), conferred upon the President by Section 5 of
Public Law 89-135 (79 Stat. 551), are hereby delegated to the Director.
1-106. The functions of prescribing conditions, conferred upon the
President by the second sentence of Section 5(e), as amended (22
U.S.C. 2504(e)), and the third proviso of Section 6 of the Act (22
U.S.C. 2505) (relating to providing health care in Government facilities)
and hereinabove delegated to the Director, shall be exercised in consul-
tation with the head of the United States Government agency responsi-
ble for the facility.
1-107. The reports required by Section 11 of the Act, as amended (22
U.S.C. 2510), shall be prepared by the Director and submitted to the
Congress through the President.
1-108. Subject to applicable provisions of law, all funds appropriated
or otherwise made available to the President for carrying out the provi-
sions of the Act shall be deemed to be allocated without any further
369
Codification of Presidential Proclamations and Executive Orders
action of the President to the Director or to such subordinate officer as
the Director may designate. The Director or such officer may allocate
or transfer, as appropriate, any of such funds to any United States Gov-
ernment agency or part thereof for obligation or expenditures thereby
consistent with applicable law.
1-109. Nothing in this Order shall be deemed to impair or limit the
powers or functions vested in the Secretary of State by the Act.
1-110. The negotiation, conclusion, and termination of international
agreements pursuant to the Act shall be under the direction of the Sec-
retary of State.
1-111. Any substantial change in policies in effect on the date of this
Order for the utilization of the Foreign Service Act of 1946, as amend-
ed, pursuant to Section 7 of the Act (22 U.S.C. 2506), shall be coordi-
nated with the Secretary of State.
1-112. The Director shall consult and coordinate with the Director
of ACTION to assure that the functions delegated to the Director by
this Order are carried out consistently with the functions conferred
upon the Director of ACTION by the Domestic Volunteer Service Act
of 1973 (42 U.S.C. 4951 et seq.), ("Volunteer Service Act"), Reorgani-
zation Plan No. 1 of 1971 and this Order.
1-2. The Peace Corps Advisory Council.
1-201. In accordance with the provisions of the Federal Advisory
Committee Act (5 U.S.C. App. I), there is hereby established the Peace
Corps Advisory Council.
1-202. The President shall appoint not more than 30 individuals to
serve on the Council and shall designate two members to serve as Co-
Chairpersons. Members shall serve at the pleasure of the President.
[Sec. 1-202 amended by EO 12245 of Oct. 6, 1980, 45 FR 66769, 3 CFR, 1980 Comp., p.
286]
1-203. The Council shall advise the President and the Director of the
Peace Corps on initiatives needed to promote the purposes of the Peace
Corps Act.
1-204. The Council shall submit annually to the President, through
the Director of the Peace Corps, a report on its recommendations and
activities.
1-205. The Council may request any agency of the United States
Government to furnish it with such information as may be useful for
the fulfillment of the Council's functions under this Order. Such agen-
cies will, to the extent permitted by law, honor the Council's request.
1-206. The members of the Council shall receive no compensation
for service on the Council. Each member of the Council may receive
travel expenses, including per diem in lieu of subsistence (5 U.S.C. 5702
and 5703).
1-207. The functions of the President under the Federal Advisory
Committee Act which are applicable to the Council, except that of re-
porting annually to the Congress, shall be performed by the Director of
the Peace Corps in accordance with guidelines and procedures estab-
lished by the Administrator of General Services.
1-208. In accord with the provisions of the Federal Advisory Com-
mittee Act (5 U.S.C. App. I), the Council shall terminate on December
31, 1980, unless extended.
1-3. Reservation of Functions to the President.
370
Chapter 22-Foreign Relations
1-301. There are hereby excluded from the delegations made by Sec-
tion 1-1 of this Order the following powers and functions of the Presi-
dent:
(a) All authority conferred by Sections 4(b), 4(c)(2), 4(c)(3), 10(d),
and 18 of the Act (22 U.S.C. 2503(b), (C)(2), (C)(3), 2509(d), and 2517).
(b) The authority conferred by Section 4(a) of the Act (22 U.S.C.
2503(a)) to appoint the Director and the Deputy Director of the Peace
Corps.
(c) The authority conferred on the President by Section 5(f)(1)(B) of
the Act (22 U.S.C. 2504(f)(1)(B)).
(d) The authority conferred by Section 10(f) of the Act (22 U.S.C.
2509(f)) to direct any agency of the United States Government to pro-
vide services, facilities, and commodities to officers carrying out func-
tions under the Act.
(e) The authority conferred by Section 19 of the Act (22 U.S.C.
2518) to adopt and alter an official seal or emblem of the Peace Corps.
1-4. Incidental Provisions.
1-401. Persons appointed, employed, or assigned under Section 7(a)
of the Act (22 U.S.C. 2506(a)) shall not, unless otherwise agreed by the
agency in which such benefits may be exercised, be entitled to the
benefits provided by Section 528 of the Foreign Service Act of 1946
(22 U.S.C. 928) in cases in which their service under the appointment,
employment, or assignment exceeds thirty months.
1-402. Pursuant to Section 10(d) of the Act (22 U.S.C. 2509(d)), it is
hereby determined to be in furtherance of the purposes of the Act that
functions authorized thereby may be performed without regard to the
applicable laws specified in Section 1 and 2 of Executive Order No.
11223 of May 12, 1965, and with or without consideration as specified
in Section 3 of that Order, but subject to the limitations set forth in that
Order.
1-403. As used in this Order, the words "Volunteers," "functions,"
"United States," and "United States Government agency" shall have
the same meanings, respectively, as they have under the Act.
1-5. National Voluntary Action Program.
1-501. The National Voluntary Action Program to encourage and
stimulate more widespread and effective voluntary action for solving
public domestici problems, established in the Executive Branch of the
Government by Section 1 of Executive Order No. 11470 of May 26,
1969, is continued in ACTION. That program shall supplement corre-
sponding action by private and other non-Federal organizations such as
the National Center for Voluntary Action. As used in this Order, the
term "voluntary action" means the contribution or application of non-
governmental resources of all kinds (time, money, goods, services, and
skills) by private and other organizations of all types (profit and non-
profit, national and local, occupational, and altruistic) and by individual
citizens.
1-6. Director of ACTION.
1-601. In addition to the functions vested in the Director of
ACTION by the Domestic Volunteer Service Act of 1973 (42 U.S.C.,
Section 4951 et seq.), Reorganization Plan No. 1 of 1971, and Section 1-
401 of this Order, the Director of ACTION shall:
371
Codification of Presidential Proclamations and Executive Orders
(a) Encourage local, national and international voluntary activities di-
rected toward the solution or mitigation of community problems.
(b) Provide for the development and operation of a clearinghouse for
information on Government programs designed to foster voluntary
action.
(c) Initiate proposals for the greater and more effective application of
voluntary action in connection with Federal programs, and coordinate,
as consistent with law, Federal activities involving such action.
(d) Make grants of seed money, as authorized by law, for stimulating
the development or deployment of innovative voluntary action pro-
grams directed toward community problems.
1-602. The head of each Federal department and agency, or a desig-
nated representative, when so requested by the Director of ACTION
or the Director of the Peace Corps, shall, to the extent permitted by
law and funds available, furnish information and assistance, and partici-
pate in all ways appropriate to carry out the objectives of this Order,
the Domestic Volunteer Service Act of 1973 and Reorganization Plan
No. 1 of 1971.
1-603. The head of each Federal department or agency shall, when
so requested by the Director of ACTION, designate a senior official to
have primary and continuing responsibility for the participation and CO-
operation of that department or agency in matters concerning voluntary
action.
1-604. The head of each Federal department or agency, or a desig-
nated representative, shall keep the Director of ACTION informed of
proposed budgets, plans, and programs of that department or agency
affecting voluntary action programs.
1-605. Under the direction of the President and subject to the respon-
sibilities of the Secretary of State, the Director of ACTION shall be
responsible for the general direction of those ACTION functions,
which jointly serve ACTION domestic volunteer components and the
Peace Corps, and for advising the Director of the Peace Corps to
ensure that the functions delegated under this Order to the Director of
the Peace Corps are carried out.
1-7. General Provisions.
1-701. Except to the extent that they may be inconsistent with this
Order, all determinations, authorizations, regulations, rulings, certifica-
tions, orders, directives, contracts, agreements, and other actions made,
issued or entered into with respect to any function affected by this
Order and not revoked, superseded, or otherwise made inapplicable
before the effective date of this Order shall continue in full force and
effect until amended, modified, or terminated by appropriate authority.
1-702. Except as otherwise expressly provided herein, nothing in this
Order shall be construed as subjecting any department, establishment,
or other instrumentality of the Executive Branch of the Federal Gov-
ernment or the head thereof, or any function vested by law in or as-
signed pursuant to law to any such agency or head, to the authority of
any other agency or head or as abrogating, modifying, or restricting
any such function in any manner.
1-703. So much of the personnel, property, records, and unexpended
balances or appropriations, allocations, and other funds employed, used,
held, available, or to be made available in connection with the functions
assigned to the Director of the Peace Corps or to the Director of
372
Chapter 22-Foreign Relations
ACTION by this Order as the Director of the Office of Management
and Budget shall determine, shall be transferred to the Director of the
Peace Corps or the Director of ACTION at such time or times as the
Director of the Office of Management and Budget shall direct.
1-704. To the extent permitted by law, such further measures and di-
positions as the Director of the Office of Management and Budget shall
deem to be necessary in order to effectuate the provisions of this Order
shall be carried out by such agencies as the Director of the Office of
Management and Budget shall specify.
1-705. The authority conferred by Sections 1-703 and 1-704 of this
Order shall supplement, not limit, the provisions of Section 1-108 of
this Order.
1-706. Executive Order Nos. 11041, 11250, 11470 and 11603 are
hereby superseded.
1-707. This Order shall become effective May 16, 1979.
EDITORIAL NOTE: The Peace Corps Advisory Council was continued until Dec. 31,
1982, by Executive Order 12258 of Dec. 31, 1980, 46 FR 1251, 3 CFR, 1980 Comp., p.
305. Executive Order 12258 also provides that, notwithstanding the provisions of any
other Executive order, the functions of the President under the Federal Advisory Com-
mittee Act which are applicable to the Council, except that of reporting annually to Con-
gress, shall be performed by the Director of the Peace Corps in accordance with guide-
lines and procedures established by the Administrator of General Services.
Executive Order 12145-Foreign Service Retirement and Disability
System
SOURCE: The provisions of Executive Order 12145 of July 18, 1979, appear at 44 FR
42653, 3 CFR, 1979 Comp., p. 405, unless otherwise noted.
By the authority vested in me as President by the Constitution and
statutes of the United States of America, including Section 805 of the
Foreign Service Act of 1946, as added by Section 503 of Public Law
94-350 (90 Stat. 835; 22 U.S.C. 1065), in order to conform the Foreign
Service Retirement and Disability System to certain amendments to the
Civil Service Retirement and Disability System, it is hereby ordered as
follows:
1-101. (a) The enactment (after January 1, 1974) of certain laws has
affected a number of provisions of general applicability in the Civil
Service Retirement and Disability System (subchapter III, Chapter 83
of Title 5 of the United States Code) or otherwise affected current or
former participants, annuitants, or survivors under that System which,
immediately prior to the enactment of such laws, had been substantially
identical to corresponding provisions of law affecting participants,
former participants, annuitants or survivors under the Foreign Service
Retirement and Disability System. Those laws are set forth at Annex I,
attached hereto and made a part hereof.
(b) The provisions of the laws referred to in subsection (a) above are
extended, as provided by Section 805 of the Foreign Service Act of
1946, as amended (22 U.S.C. 1065), to the Foreign Service Retirement
and Disability System in accordance with the provisions of this Order,
which provisions shall modify, supersede, or render inapplicable all in-
consistent prior provisions of law.
1-102. In accord with Section 1 of Public Law 93-260, Section
804(2) of the Foreign Service Act of 1946, as amended (22 U.S.C.
373
graph
reappointed
reassigned
this paragraph before the expiration of a period of time equal to
sentative may, notwithstanding any provision of law, be removed by
his preceding tour of duty. Such provisions of that Act as the Presi-
the President in his discretion.
dent deems appropriate shall apply to persons appointed or assigned
Pub.L. 293, Title I, § 7, Sept. 22, 1961, 75 Stat. 615; Pub.L. 87-793,
under this, paragraph, including in all cases, the provisions of
§ 1001 (l), Oct. 11, 1962, 76 Stat. 865; Pub.L. 88-200, § 4, Dec. 13,
section 528 of that Act: Provided, however, That the President may
1963, 77 Stat. 360; Pub.L. 89-134, § 4, Aug. 24, 1965, 79 Stat. 549;
by regulation make exceptions to the application of section 528 of
Pub.L. 91-352, § 5, July 24, 1970, 84 Stat. 465.
that Act in cases in which the period of the appointment or assign-
ment exceeds thirty months: Provided further, That Foreign Ser-
Historical Note
vice Reserve officers appointed or assigned pursuant to this para-
References in Text. This chapter, re-
approved one-year extensions on nn Indi-
graph shall receive within-class salary increases in accordance with
ferred to in subsecs. (a) to (c), was in the
vidual basis, prohibited reappointment or
such regulations as the President may prescribe: Provided further,
original, this Act, meaning Pub.L. 87-293,
reassignment under this par. before ex-
Sept. 22, 1961, 75 Stat. 612, known as the
piration of a period of time equal to
That under such regulations as the President may prescribe persons
Peace Corps Act. For complete classifi-
the length of the appointee's preceding
who are to perform duties of a more routine nature than are gen-
cation of this Act to the Code, see Short
tour of duty, inserted proviso in par. (2)
erally performed by Foreign Service staff officers and employees
Title note set out under section 2501 of
allowing appointment of an unenumerated
this title and Tables volume.
class of Foreign Service staff officers and
of class 10 may be appointed to an unenumerated class of Foreign
The Foreign Service Act of 1946, as
employees ranking below class 10 to be
Service staff officers and employees ranking below class 10 and be
amended, and that Act, referred to in
paid basic compensation at rates lower
paid basic compensation at rates lower than those of class 10; and
subsec. (n) (1), (2), is Act Aug. 13, 1040. C.
than those of class 10 to perform duties
957, Titles I to X. 00 Stat. 999, as amend-
of n more routine nature than are usually
(3) The President may specify what additional allowance author-
ed, which is classified principally to chap-
performed by Foreign Service staff offi-
ized by section 5941 of Title 5, and which of the allowances and dif-
ter 14 (section 801 et seq.) of this title.
cers and employees of class 10. and, in
Sections 52S and 1005 of that Act, are clas-
par. (3), inserted reference to section 118h
ferentials authorized by sections 5923 through 5925 of such Title 5,
sified to sections 928 and 807 of this title,
of Title 5 and substituted reference to
may be granted to any person employed, appointed, or assigned un-
respectively. For complete classification
subsec. (a) for reference to subsec. (c).
of this Act to the Code, see Short Title
Former subsec. (a). relating to domestic
der this subsection and may determine the rates thereof not to ex-
note set out under section 801 of this
employment, was repealed.
ceed the rates otherwise granted to employees under the sections of
title and Tables volume.
Subsec. (b). Pub.L. 89-134, $ 4(c). re-
Title 5 referred to in this paragraph.
Section 1787 (2) of this title, referred
designated as subsec. (b) former subsec.
to in subsec. (b), was repealed by Pub.L.
(d) and, in subsec. (b) as so redesignated.
87-195, Pt. III, $ 642(a) (2). Sept. 4, 1961,
inserted "for the purpose of performing
Criteria for performance of foreign employment:
separation; severance benefits
75 Stat. 460.
functions under this chapter outside the
United States" after "or assigned" and
(b) The President is authorized to prescribe by regulation stand-
1970 Amendment. Subsec. (a) (3).
substituted reference to subsec. (n) (2) for
Pub.L. 91-352 substantially reenacted
ards or other criteria for maintaining adequate performance levels
reference to subsec. (c) (2). Former
provisions and substituted references to
subsec. (b), relating to compensation for
for persons appointed or assigned for the purpose of performing
section 5941 of Title 5, and sections 5923
domestic employment, was repealed.
functions under this chapter outside the United States pursuant to
through 5925 of such Title 5. for refer-
ences to section 118h of Title 5 and title II
Subsec. (c). Pub.L. S9-134, § 4(d). re-
subsection (a) (2) of this section and section 1787 (c) (2) of this title,
of the Overseas Differentials and Allow-
designated former subsec. (e) as subsec.
and may, notwithstanding any other law, separate persons who fail
ances Act.
(c) and, in subsec. (c) as SO redesignated.
substituted reference to subsec. (a) of this
to meet such standards or other criteria, and also may grant such,
1965 Amendment. Subsec. (a). Pub.L.
section for reference to subsec. (c) of this
persons severance benefits of one month's salary for each year of
89-134, § 4(a), (b), redesignated former
section. Former subsec. (c) redesignated
subsec. (c) as subsec. (n) and, in subsec.
service, but, not to exceed one year's salary at the then current salary
as subsec. (a).
(a) as SO redesignated, incorporated into
rate of such persons.
par. (1) material formerly set out as in-
Subsec. (d). Pub.L. 89-134, § 4(c), re-
troductory material, spelled out the au-
designated subsec. (d) as subsec. (b).
thority of the President to utilize his au-
Former subsec. (b) repealed.
Peace Corps representatives; terms and conditions of service; removal
thority to appoint and assign persons un-
Subsec. (e). Pub.L. 89-134, § 4(d). re-
(c) In each country or area in which volunteers serve abroad, the
der the Foreign Service Act of 1946 by
designated subsec. (e) as subsec. (c).
making specific reference to his authority
Former subsec. (c) redesignated as subsec.
President may appoint an employee or a volunteer as a Peace Corps
as it related to Foreign Service Reserve
(a).
representative to have direction of other employees of the Peace
Officers, Foreign Service Staff officers
1963 Amendment. Subsec. (b). Pub.L.
Corps abroad and to oversee the activities carried on under this
and employees, alien clerks and em-
88-200 deleted "so" preceding "employed".
ployees and other Government officers
chapter in such country or area. Unless a representative is a volun-
and employees apart from the Foreign
1962 Amendment. Subsec. (b). Pub.L.
teer, the compensation, allowances and benefits, and other terms and
Service, limited to five-year duration all
87-793 substituted "but not in excess of
Foreign Service Reserve or Staff ap-
the highest grade 18 of such general
conditions of service of each such representative, shall be the same
pointments and assignments unless the
schedule" for "and of these not to exceed
as those of a person appointed or assigned pursuant to paragraph (1)
Director of the Peace Corps personally
two may be compensated at a rate in
26
27
Rush THE WHITE HOUSE
WASHINGTON
TO: John Roberts
FROM:
T.A.D.THARP
Highly confidential
Please call
x2335
THE WHITE HOUSE
WASHINGTON
April 27, 1983
MEMORANDUM FOR:
LORET RUPPE
DIRECTOR
THE PEACE CORPS
FROM:
HELENE VON DAMM
ASSISTANT TO THE PRESIDENT
Heleve
& DIRECTOR, PRESIDENTIAL PERSONNEL
JOHN HERRINGTON
SPECIAL ASSISTANT TO THE
CHIEF OF STAFF
SUBJECT:
Peace Corps Country Directors
As you know, the President fully recognizes the Peace Corps
as an organization which has the potential to carry out many
priorities of this Administration abroad. On many occasions,
President Reagan has reiterated his desire to strengthen
Peace Corps' capabilities in building links between the U.S.
and the peoples of developing countries. In remarks made at
the World Affairs Council Luncheon in Philadelphia in October,
1981, the President stated: "...U.S. relations with developing
countries play a critical role. These countries are important
partners in the world economy and in the quest for world
peace." By virtue of Peace Corps' ability to carry out
these objectives, the program is in essence furthering the
foreign policy goals of the Administration. To further bolster
Peace Corps efforts and to underline his commitment to these
goals, the President has decided to personally appoint Peace
Corps Country Directors. This will be the first President
who has exercised the authority granted him by 22 U.S.C. §2506 (c).
President Reagan is indeed anxious to send a clear message to
developing countries regarding his committment to them to promote
greater economic growth and prosperity. In the President's words,
"development is human fulfillment, an ability by all men and
women to realize freely their full potential to go as far as their
God-given talents will take them."
better
There exists a strong desire by this Administration to
further the alliances of the constituences within the private
sector to enhance Peace Corps efforts abroad; at the same
Spacing
time, there is a strong desire to bolster even further the
stature of Peace Corps in these cooperative efforts. President
Reagan is desirous of conferring this added stature on
Country Directors SO they may have more leeway in carrying
out his agenda. And, in furthering the goals of the President's
Private Sector Initiative, President Reagan's decision is
also meant to bolster the emphasis of this Initiative vis a
vis the private sector community. Country Directors, as U.S.
officials abroad, are an integral part of the U.S. team in
each country in which they are based; the Presidential
appointment authority will confer on them added stature
in their respective countries, within the private sector
constituencies, and most importantly, within the Peace
Corps community here in the U.S. and abroad.
We will be setting up a meeting with you to establish
procedures for Country Director selection and appointment
Hopefully your recent trip was successful in recruiting
many new volunteers from the west coast.
A want :
1.
TX to say it starts now
2
We'll set procedurer - for
candidater.
THE WHITE HOUSE
WASHINGTON
May 2, 1983
MEMORANDUM FOR HELENE VON DAMM
JOHN HERRINGTON
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Peace Corps Country Directors
You have asked our office to prepare an executive order
implementing the President's decision to elevate the stature
of Peace Corps Country Directors by appointing them
directly. That order has been drafted and is in the
clearance process, which should be completed this afternoon.
You also asked that we edit a draft memorandum from you to
Peace Corps Director Loret Ruppe, informing her of this
action. Our edited version is attached. This memorandum
may be sent as soon as the executive order is signed.
Attachments
FFF:JGR:aw 5/2/83
CC: FFFielding
JGRoberts
Subj.
Chron
THE WHITE HOUSE
WASHINGTON
May 2, 1983
MEMORANDUM FOR HELENE VON DAMM
JOHN HERRINGTON
Orig. signed by FFF
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Peace Corps Country Directors
You have asked our office to prepare an executive order
implementing the President's decision to elevate the stature
of Peace Corps Country Directors by appointing them
directly. That order has been drafted and is in the
clearance process, which should be completed this afternoon.
You also asked that we edit a draft memorandum from you to
Peace Corps Director Loret Ruppe, informing her of this
action. Our edited version is attached. This memorandum
may be sent as soon as the executive order is signed.
Attachments
FFF: JGR:aw 5/2/83
CC: FFFielding
GRoberts
Subj.
Chron
THE WHITE HOUSE
WASHINGTON
May 2, 1983
MEMORANDUM FOR LORET RUPPE
DIRECTOR
THE PEACE CORPS
FROM:
HELENE VON DAMM
ASSISTANT TO THE PRESIDENT
JOHN HERRINGTON
SPECIAL ASSISTANT TO THE CHIEF OF STAFF
SUBJECT:
Peace Corps Country Directors
On many occasions, President Reagan has reiterated his
desire to strengthen the ability of the Peace Corps to
improve links between the United States and the peoples of
developing countries. In remarks made at the World Affairs
Council Luncheon in Philadelphia in October, 1981, the
President stated:
U.S. relations with developing
countries play a critical role. These countries are
important partners in the world economy and in the quest for
world peace. By virtue of the Peace Corps' ability to
carry out these objectives, the program is in essence
furthering our foreign policy goals. President Reagan is
anxious to send a clear message to developing countries that
he is committed to their greater economic growth and
prosperity. To strengthen Peace Corps efforts and to
underscore his commitment to these goals, the President has
decided to appoint Peace Corps Country Directors directly,
pursuant to 22 U.S.C. § 2506 (c). The attach a executive
order, signed today and effective immediatel , implements
this decision.
There exists a strong desire by this Adminis ration to
further the efforts within the private sector to enhance the
mission of the Peace Corps abroad; at the sar time, there
is a strong desire to bolster the stature of the Peace Corps
itself in these cooperative efforts. Presid it Reagan will
confer the added stature of direct President: al appointment
on future Country Directors so they may be it a better
position to carry out the objectives of our government.
Country Directors, as U.S. officials abroad, are an integral
part of the U.S. team in each country in which they are
based. Direct Presidential appointment authority will give
them added stature in their respective countries, within the
private sector constituencies, and most importantly, within
the Peace Corps community here in the U.S. and abroad.
Attachment
FFF: JGR:aw 5/2/83
CC: FFFielding/JGRoberts/Subj./Chron
THE WHITE HOUSE
WASHINGTON
May 2, 1983
MEMORANDUM FOR HELENE VON DAMM
JOHN HERRINGTON
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Peace Corps Country Directors
You have asked our office to prepare an executive order
implementing the President's decision to elevate the stature
of Peace Corps Country Directors by appointing them
directly. That order has been drafted and is in the
clearance process, which should be completed this afternoon.
You also asked that we edit a draft memorandum from you to
Peace Corps Director Loret Ruppe, informing her of this
action. Our edited version is attached. This memorandum
may be sent as soon as the executive order is signed.
Attachments
THE WHITE HOUSE
WASHINGTON
May 2, 1983
MEMORANDUM FOR LORET RUPPE
DIRECTOR
THE PEACE CORPS
FROM:
HELENE VON DAMM
ASSISTANT TO THE PRESIDENT
JOHN HERRINGTON
SPECIAL ASSISTANT TO THE CHIEF OF STAFF
SUBJECT:
Peace Corps Country Directors
On many occasions, President Reagan has reiterated his
desire to strengthen the ability of the Peace Corps to
improve links between the United States and the peoples of
developing countries. In remarks made at the World Affairs
Council Luncheon in Philadelphia in October, 1981, the
President stated:
"
U.S. relations with developing
countries play a critical role. These countries are
important partners in the world economy and in the quest for
world peace." By virtue of the Peace Corps' ability to
carry out these objectives, the program is in essence
furthering our foreign policy goals. President Reagan is
anxious to send a clear message to developing countries that
he is committed to their greater economic growth and
prosperity. To strengthen Peace Corps efforts and to
underscore his commitment to these goals, the President has
decided to appoint Peace Corps Country Directors directly,
pursuant to 22 U.S.C. § 2506 (c). The attached executive
order, signed today and effective immediately, implements
this decision.
There exists a strong desire by this Administration to
further the efforts within the private sector to enhance the
mission of the Peace Corps abroad; at the same time, there
is a strong desire to bolster the stature of the Peace Corps
itself in these cooperative efforts. President Reagan will
confer the added stature of direct Presidential appointment
on future Country Directors so they may be in a better
position to carry out the objectives of our government.
Country Directors, as U.S. officials abroad, are an integral
part of the U.S. team in each country in which they are
based. Direct Presidential appointment authority will give
them added stature in their respective countries, within the
private sector constituencies, and most importantly, within
the Peace Corps community here in the U.S. and abroad.
Attachment
EXECUTIVE ORDER
THE PEACE CORPS
By the authority vested in me as President by the
Constitution and laws of the United States of America, it is
hereby ordered that Section 1-301 of Executive Order No.
12137, as amended, is amended by adding a new subsection (f)
to read as follows: "The authority conferred by Section
7 (c) of the Act (22 U.S.C. 2506 (c)) to appoint Peace Corps
Country Directors. "
THE WHITE HOUSE,
May 2, 1983.
Chapter 22-Foreign Relations
stat-
ending the provisions of any other Executive order, the functions of the President under
Federal Advisory Committee Act which are applicable to the Board, except that of
orting annually to Congress, shall be performed by the Secretary of State in accord-
with guidelines and procedures established by the Administrator of General Serv-
fol-
Executive Order 12137-The Peace Corps
the
resi-
SOURCE: The provisions of Executive Order 12137 of May 16, 1979, appear at 44 FR
123, 3 CFR, 1979 Comp., p. 389, unless otherwise noted.
By virtue of the authority vested in me by the Peace Corps Act, as
ended (22 U.S.C. 2501-2523) and Section 301 of Title 3 of the
nited States Code, and as President of the United States of America,
the
it is hereby ordered as follows:
1-1. Peace Corps.
the
1-101. The Peace Corps, which was established as an agency in the
Department of State pursuant to Executive Order No. 10924 of March
the
1, 1961 (26 FR 1789), which was continued in existence in that Depart-
ment under the Peace Corps Act (the "Act") pursuant to Section 102
of Executive Order No. 11041 of August 6, 1962 (27 FR 7859), and
De-
which was transferred to and continued as a component of ACTION
by Executive Order No. 11603 of June 30, 1971 (36 FR 12675), shall be
con-
an agency within ACTION pursuant to the provisions of this Order.
1-102. All references to the "Director" in Part 1-1 of this Order shall
the
refer to the Director of the Peace Corps for whom provision is made in
by
Section 4(a) of the Act (22 U.S.C. 2503).
hall
1-103. Exclusive of the functions otherwise delegated by or reserved
to the President by this Order, and subject to the provisions of this
Order, there are hereby delegated to the Director all functions con-
eaf-
ferred upon the President by the Act and by Section 2(b) of Reorgani-
in
zation Plan No. 1 of 1971.
1-104. The function of determining the portion of living allowances
of
constituting basic compensation, conferred upon the President by Sec-
tion 201(a) of Public Law 87-293 (26 U.S.C. 912(3)), is hereby delegat-
ed to the Director and shall be performed in consultation with the Sec-
retary of the Treasury.
1-105. The functions of prescribing regulations and making determi-
nations (relating to appointment of Peace Corps employees in the For-
eign Service System), conferred upon the President by Section 5 of
Public Law 89-135 (79 Stat. 551), are hereby delegated to the Director.
the
1-106. The functions of prescribing conditions, conferred upon the
President by the second sentence of Section 5(e), as amended (22
U.S.C. 2504(e)), and the third proviso of Section 6 of the Act (22
U.S.C. 2505) (relating to providing health care in Government facilities)
and hereinabove delegated to the Director, shall be exercised in consul-
the
tation with the head of the United States Government agency responsi-
ble for the facility.
1-107. The reports required by Section 11 of the Act, as amended (22
U.S.C. 2510), shall be prepared by the Director and submitted to the
Congress through the President.
1-108. Subject to applicable provisions of law, all funds appropriated
FR
or otherwise made available to the President for carrying out the provi-
sions of the Act shall be deemed to be allocated without any further
369
Codification of Presidential Proclamations and Executive Orders
action of the President to the Director or to such subordinate officer as
1-3
the Director may designate. The Director or such officer may allocate
tion 1
or transfer, as appropriate, any of such funds to any United States Gov-
dent:
ernment agency or part thereof for obligation or expenditures thereby
(a)
consistent with applicable law.
and 1
1-109. Nothing in this Order shall be deemed to impair or limit the
(b)
powers or functions vested in the Secretary of State by the Act.
2503(
1-110. The negotiation, conclusion, and termination of international
Corps
agreements pursuant to the Act shall be under the direction of the Sec-
(c)
retary of State.
the A
1-111. Any substantial change in policies in effect on the date of this
(d)
Order for the utilization of the Foreign Service Act of 1946, as amend-
2509(
ed, pursuant to Section 7 of the Act (22 U.S.C. 2506), shall be coordi-
vide :
nated with the Secretary of State.
tions
1-112. The Director shall consult and coordinate with the Director
(e)
of ACTION to assure that the functions delegated to the Director by
2518)
this Order are carried out consistently with the functions conferred
1-4
upon the Director of ACTION by the Domestic Volunteer Service Act
of 1973 (42 U.S.C. 4951 et seq.), ("Volunteer Service Act"), Reorgani-
1-4
zation Plan No. 1 of 1971 and this Order.
of the
1-2. The Peace Corps Advisory Council.
agenc
benef
1-201. In accordance with the provisions of the Federal Advisory
(22 I
Committee Act (5 U.S.C. App. I), there is hereby established the Peace
empl
Corps Advisory Council.
1-4
1-202. The President shall appoint not more than 30 individuals to
hereb
serve on the Council and shall designate two members to serve as Co-
funct
Chairpersons. Members shall serve at the pleasure of the President.
appli
[Sec. 1-202 amended by EO 12245 of Oct. 6, 1980, 45 FR 66769, 3 CFR, 1980 Comp., p.
1122
286]
in Se
1-203. The Council shall advise the President and the Director of the
Orde
Peace Corps on initiatives needed to promote the purposes of the Peace
1-
Corps Act.
"Uni
1-204. The Council shall submit annually to the President, through
the S
the Director of the Peace Corps, a report on its recommendations and
1-
activities.
1-
1-205. The Council may request any agency of the United States
stim
Government to furnish it with such information as may be useful for
publ
the fulfillment of the Council's functions under this Order. Such agen-
Gov
cies will, to the extent permitted by law, honor the Council's request.
1969
1-206. The members of the Council shall receive no compensation
spon
for service on the Council. Each member of the Council may receive
he
travel expenses, including per diem in lieu of subsistence (5 U.S.C. 5702
rm
and 5703).
over
1-207. The functions of the President under the Federal Advisory
ill
Committee Act which are applicable to the Council, except that of re-
of
porting annually to the Congress, shall be performed by the Director of
tiz
the Peace Corps in accordance with guidelines and procedures estab-
lished by the Administrator of General Services.
1-
1-208. In accord with the provisions of the Federal Advisory Com-
1-
mittee Act (5 U.S.C. App. I), the Council shall terminate on December
C
31, 1980, unless extended.
ect
1-3. Reservation of Functions to the President.
<01
370
Chapter 22-Foreign Relations
officer
as
1-301. There are hereby excluded from the delegations made by Sec-
"allocate
tion 1-1 of this Order the following powers and functions of the Presi-
Gov-
dent:
thereby
(a) All authority conferred by Sections 4(b), 4(c)(2), 4(c)(3), 10(d),
and 18 of the Act (22 U.S.C. 2503(b), (C)(2), (C)(3), 2509(d), and 2517).
limit
the
(b) The authority conferred by Section 4(a) of the Act (22 U.S.C.
2503(a)) to appoint the Director and the Deputy Director of the Peace
rnational
Corps.
the
Sec-
(c) The authority conferred on the President by Section 5(f)(1)(B) of
the Act (22 U.S.C. 2504(f)(1)(B)).
of
this
(d) The authority conferred by Section 10(f) of the Act (22 U.S.C.
amend-
2509(f)) to direct any agency of the United States Government to pro-
coordi-
vide services, facilities, and commodities to officers carrying out func-
tions under the Act.
Director
(e) The authority conferred by Section 19 of the Act (22 U.S.C.
rector
by
2518) to adopt and alter an official seal or emblem of the Peace Corps.
conferred
1-4. Incidental Provisions.
Act
Reorgani-
1-401. Persons appointed, employed, or assigned under Section 7(a)
of the Act (22 U.S.C. 2506(a)) shall not, unless otherwise agreed by the
agency in which such benefits may be exercised, be entitled to the
Advisory
benefits provided by Section 528 of the Foreign Service Act of 1946
he
Peace
(22 U.S.C. 928) in cases in which their service under the appointment,
employment, or assignment exceeds thirty months.
iduals
to
1-402. Pursuant to Section 10(d) of the Act (22 U.S.C. 2509(d)), it is
Co-
hereby determined to be in furtherance of the purposes of the Act that
as
functions authorized thereby may be performed without regard to the
applicable laws specified in Section 1 and 2 of Executive Order No.
Comp.,
p.
11223 of May 12, 1965, and with or without consideration as specified
in Section 3 of that Order, but subject to the limitations set forth in that
of
the
Order.
he
Peace
1-403. As used in this Order, the words "Volunteers," "functions,"
"United States," and "United States Government agency" shall have
through
the same meanings, respectively, as they have under the Act.
and
1-5. National Voluntary Action Program.
States
1-501. The National Voluntary Action Program to encourage and
for
stimulate more widespread and effective voluntary action for solving
public domestic problems, established in the Executive Branch of the
agen-
request.
Government by Section 1 of Executive Order No. 11470 of May 26,
pensation
1969, is continued in ACTION. That program shall supplement corre-
receive
sponding action by private and other non-Federal organizations such as
5702
the National Center for Voluntary Action. As used in this Order, the
term "voluntary action" means the contribution or application of non-
Advisory
governmental resources of all kinds (time, money, goods, services, and
of
re-
skills) by private and other organizations of all types (profit and non-
rector
of
profit, national and local, occupational, and altruistic) and by individual
estab-
citizens.
1-6. Director of ACTION.
Com-
1-601. In addition to the functions vested in the Director of
December
ACTION by the Domestic Volunteer Service Act of 1973 (42 U.S.C.,
Section 4951 et seq.), Reorganization Plan No. 1 of 1971, and Section 1-
401 of this Order, the Director of ACTION shall:
371
Codification of Presidential Proclamations and Executive Orders
(a) Encourage local, national and international voluntary activities di-
rected toward the solution or mitigation of community problems.
(b) Provide for the development and operation of a clearinghouse for
information on Government programs designed to foster voluntary
action.
(c) Initiate proposals for the greater and more effective application of
voluntary action in connection with Federal programs, and coordinate,
as consistent with law, Federal activities involving such action.
(d) Make grants of seed money, as authorized by law, for stimulating
the development or deployment of innovative voluntary action pro-
grams directed toward community problems.
1-602. The head of each Federal department and agency, or a desig-
nated representative, when so requested by the Director of ACTION
or the Director of the Peace Corps, shall, to the extent permitted by
law and funds available, furnish information and assistance, and partici-
pate in all ways appropriate to carry out the objectives of this Order,
the Domestic Volunteer Service Act of 1973 and Reorganization Plan
No. 1 of 1971.
1-603. The head of each Federal department or agency shall, when
so requested by the Director of ACTION, designate a senior official to
have primary and continuing responsibility for the participation and co-
operation of that department or agency in matters concerning voluntary
action.
1-604. The head of each Federal department or agency, or a desig-
nated representative, shall keep the Director of ACTION informed of
proposed budgets, plans, and programs of that department or agency
affecting voluntary action programs.
1-605. Under the direction of the President and subject to the respon-
sibilities of the Secretary of State, the Director of ACTION shall be
responsible for the general direction of those ACTION functions,
which jointly serve ACTION domestic volunteer components and the
Peace Corps, and for advising the Director of the Peace Corps to
ensure that the functions delegated under this Order to the Director of
the Peace Corps are carried out.
1-7. General Provisions.
1-701. Except to the extent that they may be inconsistent with this
Order, all determinations, authorizations, regulations, rulings, certifica-
tions, orders, directives, contracts, agreements, and other actions made,
issued or entered into with respect to any function affected by this
Order and not revoked, superseded, or otherwise made inapplicable
before the effective date of this Order shall continue in full force and
effect until amended, modified, or terminated by appropriate authority.
1-702. Except as otherwise expressly provided herein, nothing in this
Order shall be construed as subjecting any department, establishment,
or other instrumentality of the Executive Branch of the Federal Gov-
ernment or the head thereof, or any function vested by law in or as-
signed pursuant to law to any such agency or head, to the authority of
any other agency or head or as abrogating, modifying, or restricting
any such function in any manner.
1-703. So much of the personnel, property, records, and unexpended
balances or appropriations, allocations, and other funds employed, used,
held, available, or to be made available in connection with the functions
assigned to the Director of the Peace Corps or to the Director of
372
Chapter 22-Foreign Relations
ACTION by this Order as the Director of the Office of Management
and Budget shall determine, shall be transferred to the Director of the
ace Corps or the Director of ACTION at such time or times as the
y
rector of the Office of Management and Budget shall direct.
1-704. To the extent permitted by law, such further measures and di-
sitions as the Director of the Office of Management and Budget shall
em to be necessary in order to effectuate the provisions of this Order
nall be carried out by such agencies as the Director of the Office of
anagement and Budget shall specify.
I-705. The authority conferred by Sections 1-703 and 1-704 of this
der shall supplement, not limit, the provisions of Section 1-108 of
5 Order.
1-706. Executive Order Nos. 11041, 11250, 11470 and 11603 are
reby superseded.
1-707. This Order shall become effective May 16, 1979.
EDITORIAL NOTE: The Peace Corps Advisory Council was continued until Dec. 31,
1982, by Executive Order 12258 of Dec. 31, 1980, 46 FR 1251, 3 CFR, 1980 Comp., p.
305. Executive Order 12258 also provides that, notwithstanding the provisions of any
other Executive order, the functions of the President under the Federal Advisory Com-
mittee Act which are applicable to the Council, except that of reporting annually to Con-
gress, shall be performed by the Director of the Peace Corps in accordance with guide-
lines and procedures established by the Administrator of General Services.
Executive Order 12145-Foreign Service Retirement and Disability
System
SOURCE: The provisions of Executive Order 12145 of July 18, 1979, appear at 44 FR
42653, 3 CFR, 1979 Comp., p. 405, unless otherwise noted.
By the authority vested in me as President by the Constitution and
statutes of the United States of America, including Section 805 of the
Foreign Service Act of 1946, as added by Section 503 of Public Law
94-350 (90 Stat. 835; 22 U.S.C. 1065), in order to conform the Foreign
Service Retirement and Disability System to certain amendments to the
Civil Service Retirement and Disability System, it is hereby ordered as
follows:
1-101. (a) The enactment (after January 1, 1974) of certain laws has
affected a number of provisions of general applicability in the Civil
Service Retirement and Disability System (subchapter III, Chapter 83
of Title 5 of the United States Code) or otherwise affected current or
former participants, annuitants, or survivors under that System which,
immediately prior to the enactment of such laws, had been substantially
identical to corresponding provisions of law affecting participants,
former participants, annuitants or survivors under the Foreign Service
Retirement and Disability System. Those laws are set forth at Annex I,
attached hereto and made a part hereof.
(b) The provisions of the laws referred to in subsection (a) above are
extended, as provided by Section 805 of the Foreign Service Act of
1946, as amended (22 U.S.C. 1065), to the Foreign Service Retirement
and Disability System in accordance with the provisions of this Order,
which provisions shall modify, supersede, or render inapplicable all in-
consistent prior provisions of law.
1-102. In accord with Section 1 of Public Law 93-260, Section
804(2) of the Foreign Service Act of 1946, as amended (22 U.S.C.
373
THE WHITE HOUSE
WASHINGTON
May 3, 1983
TO:
Richard G. Darman
Assistant to the President
FROM: FRED F. FIELDING
COUNSEL TO THE PRESIDENT
FOR YOUR INFORMATION:
Per our conversation.
/Attachment
FFF:JGR 5/3/83
bcc: FFFielding
JGRoberts
Subject
Chron
EXECUTIVE ORDER
THE PEACE CORPS
By the authority vested in me as President by the
Constitution and laws of the United States of America,
including the Peace Corps Act, as amended (22 U.S.C. 2501 et
seq.), it is hereby ordered that Section 1-301 of Executive
Order No. 12137, as amended, is further amended by adding
the following new subsection:
" (f) The authority conferred by Section 7 (c) of the
Act (22 U.S.C. 2506 (c) ) to appoint Peace Corps Country
Directors. 11
THE WHITE HOUSE,